While most landlords will be aware of the fact, they are required by law to renew the gas safety certificate for their rental properties every 12 months, many won’t necessarily check whether the gas certificate is dated the same date that the inspection was carried out.
However the compliance officer of The Guild of Property Professionals, Paul Offley, says that a gas certificate that has a different date to when the inspection occurred, even if it is a day later can potentially cause issues and result in a major fine.
He says Gas Safety Regulations stipulate that the gas certificate must be issued on or reflect date of the day of the inspection, or it will be considered invalid.
“There has been a case study where a Gas Safety engineer has gone out to a property, completed the necessary checks and found that there were no gas safety issues with the property. The following day, the Gas Safety engineer filled out the gas safety certificate, unfortunately using a particular software that did not allow them to back date the certificate to the day of the inspection.
“The gas safety certificate was then issued to all parties concerned as required. Fast forward several months later and the tenant has come to the landlord stating that there is an issue gas safety certificate not being valid, simply due to the certificate not reflecting the correct date” says Offley.
He continues saying that in this instance, while there was no void period in the tenancy and there were no gas safety issues on the property, the gas safety certificate was regarded as being void because it reflected a different date to the inspection date.
“So, what was the outcome? It ended up costing the landlord approximately £86,000 in compensation payments to the tenant and legal expenses. So that one day, made a massive difference to the parties involved” Offley comments.
He says that this highlights the importance of firstly knowing the regulations required to be compliant, as well as having processes in place to ensure that documentation is checked and adheres to the guidance.
“With regard to compliance, it is sometimes the small things that are overlooked; however, these things could potentially carry a lot of weight. A robust document checking process will help eliminate some of the potential issues that could arise and avoid a hefty financial penalty” Offley concludes.
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So no commonsense used in that quoted example?😠 I hope the landlord sued the gas engineer.😡
I also hope that the tenant is now homeless!😉👍
Disgraceful that an honest and compliant landlord who has done his best to follow all the rules has been treated in this way.
For what exactly was the tenant compensated? If the certificate was invalid then why not do another inspection and then issue a new correctly-dated certificate? There is more to this than meets the eye.
This surely cannot be true. If it is, and it was that simple with no other factor involved, the law is an *ss!!
How can that amount of compensation be proportionate? How much of it was legal fees?
And then they complain why rents keep going up with all these landmines the government has burdened the landlords with
below is some usefull info.
It is a legal requirement to provide your tenants with a copy of a valid gas safety certificate which must also be renewed every year before the expiry date.
In April 2018 the government introduced new regulations to make it easier for landlords to remain compliant with regards to their gas safety obligations.
Under the new regulations, where a landlord arranges for a gas safety check to be carried out 10-12 months after the previous check, the expiry date will be preserved for the next year. For example, if you had a check done on 1st March 2020, and then your next one on 20th February 2021, the next check would be due on 1st March 2022.
Landlords who fail to comply with gas safety legislation potentially face unlimited fines and imprisonment. Therefore, it’s worth renewing your gas safety certificate in those few months before the certificate expires to allow yourself more time before the next check.
Thank you, so it works like Mots, passports etc. That makes sense. But surely that makes a nonsense of the idea of a day's discrepancy on the date being that much of an issue. Unless it was also late.
Yes it’s a bit like an mot you can do it early, with the gas I think you can do it 2 months early but then next year you could do it 2 months later and still be Compliant therefore there would have been 14 months between inspections yet you are saying 12 & one day is a serious breach and cost someone £86’000.00. OMG someone a sandwich short of a picnic.
This is an advert, no way this happened...
PGG. Totally agree, Who, if anyone, verified the facts before this was published?
I am of the same opinion. This is complete bull. Not going to waste my time with it than this comment.
Sounds like the tenant was a professional scammer
£86,000 for one day difference where the tenant was in no danger whatsoever, y’say? Yes, all sounds perfectly reasonable in today’s Britain. FFS…
Interestingly, this brings to mind something else though. Over the years, several of my gas certs have been late. The heating engineer can’t get there, or he forgets, or he promises he’s going but the tenant’s out etc. Sometimes he might say he’s been (so I’m kept happy) when actually he hasn’t and attended on a different day. Many different circumstances exist where I could be held accountable. So how does it work if I think I’ve done everything possible to comply but there is some event outside my hands that prevents the check being done on time? Is it still my fault? What if the gas engineer crashes on the way to the job and goes to hospital, or that happens and he doesn’t tell me? Am I still in the wrong???
Great post, 100% agree and uncomfortably plausible in todays U.K. as you say.
I had one once where there was no credit on the meter, so no gas and no gas safty check , maybe the tenant should have paid me 86k comp
If the engineer can't gain access because tenants are out at the arranged time, or refuse access, then you document this and write to the tenants reminding them this is a legal requirement. You then give 24 hours notice and go in anyway. If engineer doesn't tell you then you document that and send a different engineer and tell gas safe that the engineer is unreliable. Likewise with prepayment meters, I had that problem and the tenants told lies that the meter was broken (it wasn't). I explained to them it was a legal requirement, eventually they put some money on the meter. I gave them S21 anyway as they were a pain in other ways as well including rent arrears, being rude and unhelpful, and damage to the property.
James, you are a landlord, therefore you are always in the wrong.
I am now on my 7th gas engineer, they all start off really well and there within 24hrs servicing boilers, safety certs etc.
Then they become greedy for some reason and then are about as reliable as cramp.. Apologies to any decent ones and the current one I have used for over two years..!
@ Peter G-G, I have used the same one for a number of years. He also services my boiler every year. By usinh him myself I can check for reliability etc. Same for electricians etc.
I always offer to my tenants to come to let the Engineer in if they can't be avaliable. On one occasion the tenant said they would be available on three separate occasions but was not.. As a result, my GSC ended up being late... Am I responsible? Can I be fined? The tenant always had an excuse... Their gran died, their car broke down..
For the third appointment I came anyway and waited around the corner. I had told the Engineer to phone me if no one was (yet again) in the property... 😒
The landlord wasn’t fined, it says the tenant was compensated. My guess is that the landlord got possession relying on having a valid gas safety certificate, the tenant was evicted and appealed based on the gas safety cert being technically invalid. If a court agreed the gas cert was technically invalid it would open the door for compensation for losing the home when possession shouldn’t have been given. There’s definitely more to this story and it would be good to know it rather than using guesswork.
We are talking about only one day over the 12 months between inspections and a big fine but we can legally be 60 days over 12 months between inspections and still be compliant.
Fire !! Fire!!
The Landlord's business is on Fire. Get out as soon as you can.
If this article is accurate?, it just confirms everything we already know, too many pen pushing Civil servants looking for an excuse to persecute Landlords.
Have they exhausted their ideas for what to write about?"
Reported in propertyreporter dot co dot uk 12th January 2024 but again no actual information that could be substantiated.
I can't believe the software would not allow you to backdate one day. More like the engineer entered the default current day by mistake.
Most LLs are fully aware of the renewal for GSC every year.
This article needs to focus on the less obvious, which people don't talk about.
I am referring to the annual servicing of the MVHR and pressurised hot water cylinders direct/indirect.
These systems can cause fire or explosion if neglected. They should be subject to statutory and mandatory requirements, like gas boilers.
The Grenfell Tower fire disaster in 2017 showed the failures of building safety and the need for urgent reforms. Don’t risk your property and your tenants’ lives. Hire qualified and reputable engineers to service these systems annually.
Going off the point a little bit. I had some gas safety checks carried out recently. This meant that I had to travel on London Underground during the rush hour. I thought that I was lucky to get a seat, but the woman sitting in the seat next to me was quite ill and sneezing, so I wasn't sure that I was that lucky. Anyway, the gas safety checks were fine.
However, two days later I felt a little unwell and had a raised temperature. I tested for Covid and the test was positive. This caused me some anxiety as I have never had a vaccination and I have never previously had Covid. I haven't had any colds or flu for the last four years. I am not very young. The decision not to have the vaccination was for a medical reason but I am not sure that I made the right decision.
Anyway, the Covid symptoms that I have experienced have been very mild. Absolutely no cough. I have had a slightly blocked up nose. My temperature returned to virtually normal on the second day after testing positive. I have had a good appetite and have not felt weak.
I tested every day to see if I had a positive test. I had the positive test for five days. I have tested negative for the last two days.
My conclusion on all this is that perhaps people should still be wearing masks on London Underground. I am not sure that other people will be virtually asymptomatic as I was if they contract Covid.
I understand your comments Ellie, and the inconvenience caused. It's a shame that your tenants couldn't grant access for the GSC/engineer.
Personally, I've successfully avoided the Tube for over 25 years. I'd like to wish you speedy convalescence!
Thank you very much Franklin. You are very kind.
One set of tenants was working, so I had to go over.
You may be wise to avoid the tube, particularly at the moment when the number of people infected with Covid may have risen and no precautions are being taken.
Hi Ellie, I hope you're feeling much better now.
Covid is just another name for a cold or flu.
Pre-covid, wouldn't you have looked at that person on the tube and thought, I better not sit there, I don't want to catch that cold or flu?
Would you have thought of wearing a mask? No, because they don't work. It's proven they don't.
And if you got the flu or a cold, would you have tested yourself to see if you were sick? No, because you felt sick; you don't need a stick with some liquid in it telling you you're sick.
So why do it now?
BTW, having the covid injection does not protect you from catching covid. You don't need to feel anxious. Whatever your reason for not having had the injection, it was a good one.
No need to reply, Ellie. Let's use this platform to discuss our property issues.
(I know I'll probably be shot down in flames by some who disagree with me).
Thank you very much Daniela. I am OK.
Your views are pretty much what I have thought Daniela.
However, once you get Covid you do become rather worried that your health may suddenly deteriorate. We all saw what happened to Boris Johnson after about a week.
And unfortunately, the number of people in hospital in London with Covid is rising now. Not quite sure why. The new variant doesn't produce so many lung/breathing issues, I don't think.
At least 1 in 20 people in London have Covid now.
FFP2 masks may be protective.
Daniela, As someone with COPD who has been triple jabbed and had Covid, the phrase "Covid is just another name for a cold or flu" does make me angry. Tell that to Kate Garroway who just lost her husband because of this "cold or flu"!
For some it is a minor inconvenience. For others it can be life threatening. It is NOT just another name for cold or flu.
RANT OVER!
Hi Al,
You must have been worried when you had Covid with the COPD. I can imagine how you felt.
I do hope that you made a full recovery and your breathing wasn't too badly affected.
You may not have so much to worry about with Omicron, but do take all precautions possible. You are a Landlord Today VIP.
Thanks, Ellie, for your most kind comments.
When Covid first struck the UK, I was contacted by my GP surgery because I was one of the vulnerable ones.
She asked two questions:
1: Did I want to be resuscitated if the worst happened?
2: If I was terminal did I want to die at home or in hospital?
Neither question filled me with confidence and fortunately isolation helped me avoid it until recently. Until the supermarkets got their acts together, I have to say the "Boris boxes" were a godsend and I will always be grateful to him for them.
However I am currently suffering this 100 day cough and it is a tad inconvenient.
What dreadful questions to ask you, Al! I am so sorry.
Do they know the reason for the continuing cough? Is Rengalin a possibility?
Hi Ellie
Unsurprisingly I am now with a different practice. Waiting to get an appointment to actually see a doctor, although more likely to be a face to face.
Hi Al,
I do hope that a new doctor can find the cause of the continuing cough.
You did well to change practices.
Dear @Annoyed Landlord, no need to rant or get angry with me.
I've also had covid, and the symptoms were the same as a bad cold or flu. Many others have experienced the same.
I'm sorry you have COPD. And I'm also sorry to say that you've made my point for me - you're triple jabbed, but you still got covid?
Anyway this is a very delicate subject and an inappropriate platform. I won't be responding to any one else about this subject.
For the avoidance of doubt: At no point was I told the jabs would stop me getting Covid, they didn't. I was told they would give me a better chance of surviving if I caught it and I did.
I have just looked at the statistics. In England, the estimated prevalence of SARS-CoV-2 on 3 January 2024 was 3.2%, which is equivalent to 1,737,000 individuals being infected with SARS-CoV-2 in England. This corresponds to 1 in 31 people.
In the week ending 29 December 2023, 2.4% of all deaths were due to Covid infection.
However, if I were asked whether being infected with Covid was worse for me than having a cold, I would say it wasn't - except in so far as it caused me to be anxious for a while.
Just a bit more information on the Covid statistics in London.
In the run up to Christmas London had the highest rate of Covid in England, with data from the UK Health Security Agency (UKHSA) estimating that around 6.1% of Londoners had the virus as of December 13, more than 1 in 20 people, the highest proportion of any region.
Just before Christmas there were around 700 beds occupied with confirmed COVID patients in London hospitals.
For landlords in London having to travel on the underground to carry out repairs and maintenance it may be worth wearing a K95 or KN95 mask as they provide the best protection.
The World Council for Health.org has much advice and guidance on what to do about covid infections. Do spend time reading the articles in there.
I know exactly what you mean when I traveled on the tube, some cultures don’t bother with a tissue just sneeze over everyone no escape on the tube unbelievable.
Just hop in the Merc Michael I would over the tube
The person who sneezed over me didn't use a tissue, Michael. And you are quite right, you can't escape during the rush hour as everyone is crammed together.
You don't know what the outcome of the infection will be either; some people are still dying with Covid. There is a less serious variant going around now though.
Yes private transport is much better but the problem is parking restrictions deliberately everywhere even if not necessary. Traffic Jambs created by muppets. Half the road taking away for duel carriage way bike lanes and not a bike to be seen and what can you bring on a bike with regards to work.
Just seen a News Flash London Electric Bus burst into flames now all Electric Buses stood down. What will happen when it’s an Electric Car that goes on fire will they take the lot off the Road ?.
Gas may be cheaper per unit than electric but when you add up the maintenance issues it all evens up and overall I’d rather go all electric if it’s a viable option
Perfect example isn the gas engineer supposedly fixed the boiler , sadly it's heating only one flooor so I'm using portable electric rads to heat the house and it's very very cold !!!
The guy even said they're really good aren't they ?
I had to bite my tongue as i wanted to tell him yes a lot more reliable than gas and you !!!
Yes used to be very reliable before technology not much to go wrong . When Boiler used to last 25 / 30 years unlike modern pressurised systems with printed circuit boards etc changed quiet often.
Sorry you have a problem I can’t advise you but maybe circulating pump getting weak or air trapped in it, sometimes it only takes the slightest turn of pump bleed screw, on the other hand could be a blockage on feed / expansion from loft headed tank if you have that system, in which case the tank will still be full but the system is not. I digress.
Possibly could be a defective ball valve in a tank in the loft?
George, gas is a quarter the price of electricity. Properly commisioned and maintained boilers work very well.However some of the boilers are manufactured
n litaly which is a conduit for Chinese goods.They can be unreliable and often the gas technician just turns on the boiler when fitting, or does not commission properly. Non functioning radiators are almost certainly due to air in the system and should be bled over a period of time. One has technician did not check properly when commissioning and the fill pipe was connected up and slightly leaking into the system, causing the relief valve to blow, and then the cycle would be repeated, . I couldn't find out initially and found it hard to believe, the tenant saying it could make a loud whoosh sound. The actual gas technician was initially quite good but started trying it on.
All well and good, l had a fake gas certificate and complained to gas safe who sent a man to check it. That's the last l heard of it
The gas technician was good but the boiler was not registered with building control, which led me to complain to him and then discovered the certificate was fake, however installation and commissioning fine.
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